State v. Rapp

Knudson, J.:

Troy Rapp appeals the district court’s determination of his criminal history. Rapp’s current crime of conviction is aggravated failure to appear, K.S.A. 21-3814. An element of aggravated failure to appear is “failing to surrender oneself within 30 days ... by one who is charged with a felony.” (Emphasis added.) In the underlying case supporting the crime of aggravated failure to appear, Rapp was charged with and ultimately convicted of two felonies in 96 CRM 1219 in Saline District Court.

The district court ruled that only one of the two underlying felonies in 96 CRM 1219 was a…